Our Job #19736 $509K past due- What is the difference between filing a bond claim (due in 3 weeks) and filing action against a bond, (due in 10 months)? Must we file the bond claim now to be able to file the action against the bond claim later?
Filing a bond claim is a pretty simple process. Generally, that simply requires mailing the claim to the project's GC and surety. This claim must be made within 90 days of last furnishing labor or materials on a Florida project.
Enforcing a bond claim is a different story - generally, that means a lawsuit is being filed to enforce the claim being made against the surety bond. And, yes: In order for a payment bond claim enforcement suit to be available, a claim must first be made against the payment bond. A Florida claimant will have up to 1 year after their last furnishing date to enforce their payment bond claim.
For further discussion on payment bond claims, enforcement actions, and for Florida's rules on both, these resources will be useful: